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HomeMy WebLinkAboutRES NO 132-83RESOLUTION NO. 1~2-~ RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING OBJECTIVES, CRITERIA AND PROCEDURES AND THE PREPARATION OF ENVIRONMENTAL DOCUMENTS, SUPPLEMENTARY TO CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE STATE CEQA GUIDELINES AND SUPERSEDING CITY OF BAKERSFIELD RESOLUTION NO. 60-80. WHEREAS, recent amendments to the California Environmental Quality Act and the State CEQA Guidelines make it necessary to amend City procedures set forth in Resolution No. 60-80. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That Resolution No. 60-80 is hereby rescinded and superseded by this resolution. 2. Application of the revisions contained herein to any project for which a complete application has been received on or before November 30, 1983, shall be determined in accordance with Section 15007 of the State CEQA Guidelines. Such revisions shall apply to all projects for which application is made after November 30, 1983. 3. That the objectives, Criteria and Procedures for Orderly Evaluation of Projects and the Preparation of Environmental Documents Supplementary to the California Environmental Quality Act and the State CEQA Guidelines, attached hereto, is hereby adopted. .......... o 0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield regular meeting thereof held on the 30%h day of November , by the following vote: at a 1983 ^SSISTANT C~~K and =~ of~,cio Clerk of the Council of the City of Bakersfield APPROV~ this 30th day of November MAYOR// the Ci~ of Bakersfield , 19 ~3 APPROVED as to form: CITY A T~~of th~Bakersfield AJS/bl 11/14/83 CITY OF BAKERSFIELD OBJECTIVES, CRITERIA AND PROCEDURES FOR ORDERLY EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL DOCUMENTS SUPPLEMENTARY TO CALIFORNIA ENVIRONMENTAL QUALITY ACT AND STATE CEQA GUIDELINES. (Adopted by Resolution No. 132-83 ) PURPOSE OF CITY OF BAKERSFIELD REGULATIONS These regulations set forth procedures to be used by the City of Bakersfield for the evaluation ot projects and the preparation of environmental documents as required by Section 21082 of the Public Resources Code and Section 15020 of Chapter 3, Division 6 of Title 14 of the California Administrative Code. The State CEQA Guidelines and amendments thereto (Chapter 3, Division 6 of Title 14) (commencing with Section 15000) of the California Administrative Code are adopted by reference. Herein- after references to such Guidelines shall be to section numbers only, in the 15000 series. These regulations are intended to be supplementary to the California Environmental Quality Act (Public Resources Code, Sections 21000 et seq. and to the said State CEQA Guidelines). Hereinafter references to such statutes shall be to CEQA or to section numbers only, in the 21000 series. The City of Bakersfield is responsible for complying with CEQA, the State CEQA Guidelines and these regulations. II. MINISTERIAL PROJECTS (Defined in Section 15369) Reference is to Sections 15268 and 21080(b)(1) A. List of Ministerial Projects. In the absence of any discretionary provisions contained in the relevant city law, the following actions or activities are examples deemed to be ministerial and therefore exempt from the requirements of CEQA. 1. Issuance of building permits, plumbing permits, electrical permits, mechanical permits, sign code permits and demolition permits. 2. Issuance of business licenses. 3. Approval of final subdivision and parcel maps, and site plans. 4. Approval of individual utility service connections and disconnections. 5. Issuance of trailer park operating permits. 6. Issuance of occupancy permits for commercial and industrial uses. 7. Permits issued by the Building Director under Section 17.42.040 and Section 17.44.040 of the Municipal Code. (Flood Plain Regulations). 8. Home occupation permits. 9. Other actions or activities which are wholly ministerial under Sections 15268 and 15369. B. CEQA Applies if Project Has Discretionary Elements. Where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA. III. CATEGORICAL EXEMPTIONS (Defined in Section 15354) Reference is to Sections 15300 through 15329 A. Categorically Exempt Projects Must be Discretionary. Categorical exemptions are to be applied only where a project is not ministerial. Inclusion of activities in the following list which may be ministerial shall not be construed as a determination that such an activity is discretionary. B. Additions to List of Exemptions to Certain Classes. Following is a continuation to the list of specific activities which fall within the exempt classes specified below, which activities are deemed to be consistent with the letter and intent expressed in the classes. For the complete list of the classes and the specific activities which are categorically exempt, reference must be made to Sections 15301 through 15329. EIRs or Negative Declarations are not required for projects described, except under the provisions of Section 15300.2. Class 3: New Construction or Conversion of Small Structures. (Following is a continuation of the list under Section 15303): f. Signs permitted under any permit procedure provided for in Chapter 17.60 of the Municipal Code. Class 4: Minor Alterations to Land. (Following is a continuation of the list under Section 15304): i. Construction permits under Chapter 12.16 of the Municipal Code. j. Municipal Code. k. the Municipal Code. 1. lighting. Street use permits under Chapter 12.12 of the Utility Pole permits under Chapter 12.12 of Installation of traffic signals and street m. Weed abatement under Chapter 8.28 of the Municipal Code. n. House-moving permits under Chapter 12.12 of the Municipal Code. o. Formation and operation of maintenance districts under Chapter 13.04 of the Municipal Code. Class 5: Minor Alterations in Land Use Limitations. (Following is a continuation of the list under Section 15305): d. Minor modification of zoning development standards. e. Encroachment permits under Chapter 12.20 of the Municipal Code. Municipal Code. f. Conditional use permits six children or less. g. Minor street, alley and tions and dedications. Site plan approvals under Chapter for day nurseries with utility easement vaca- 17.53 of the and no EIR is required. tionary, the Department is categorically exempt, are required. If the project is determined to be discre- shall further determine whether the project in which case no environmental documents IV. PROCEDURES PRIOR TO INITIAL STUDY A. No Possibility of Significant Effect. When any activity is proposed, the following preliminary determination may be made: The Development Services Department shall evaluate the proposal to determine if there is a possibility that the activity may have a significant effect on the environment. Criteria for such determination shall be the requirements set forth in CEQA and the State Guidelines. If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment the activity shall be deemed not covered by the requirements of CEQA, the State CEQA Guidelines or these regulations. Such department shall maintain a list of activities which have been determined to be exempt. The determination authorized herein for exemptions to CEQA is provided for in Section 15061. B. Possibility of Significant Effect--Whether a "Project". Where there is a possibility that the activity could have a significant effect, the Development Services Department shall determine if the activity is a project under Section 15378. If it is not a "Project", no environmental documents are required. C. Determination of Type of Project. If the activity is a project under Section 15378 the development Services Department shall determine if it is ministerial, emergency or discretionary. If it is ministerial or emergency within the meaning of CEQA and the State CEQA Guidelines it is exempt from the requirements of CEQA D. Notice of Exemption. (Defined in Section 15374) In the event the City approves or determines to carry out a project, and it has been determined that the project is ministerial, categorically exempt or emergency, then a Notice of Exemption may be filed with the Kern County Clerk in the form appearing in Appendix E of the State EIR Guidelines, in accordance with Section 15062. The Development Services Department shall be responsible for the filing of Notices of Exemption. The applicant may also file such Notice of Exemption, together with a certified document issued by the City stating it has found the project to be exempt. E. Projects with Short Time Periods for Decision. (a) Some state statutes require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult to enable the City to comply with both the permit statute and CEQA, the City shall deem an application for a project not received for filing under the permit statute (or implementing ordinance) until such time as the environmental documentation required by CEQA has been completed. This subsection is based on Section 15111 and will apply where all of the following conditions are met: (1) The enabling legislation for a program, other than Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time that is six months or less (Review and Approval of Development Projects- Chapter 4.5), and (2) The enabling legislation provides that the project will become approved by operation of law if the City fails to take any action within such specified time period, and (3) The project involves the issuance of a lease, permit, use. section license, certificate, or other entitlement for (b) Examples of time periods subject to this sub- include but are not limited to: (1) Action by the City within 50 days on a tentative subdivision map for which an EIR is being or will be prepared pursuant to Article 2 (commencing with section 66452) of Chapter 3, Division 2, Title 2 of the Government Code, but a negative declaration for a subdivision map must be completed within the 50 day period (see Government Code Section 66452.1(c)). (2) Action on an oil and gas permit by the Division of Oil and Gas within 10 days pursuant to Section 3203 or 3724 of the Public Resources Code. (c) In any case described in this subsection, the environmental document shall be completed or certified and the decision on the application shall be made within one year from the date on which an application requesting approval of such project has been received and accepted as complete for CEQA processing by such agency. This one-year time limit may be extended once for a period not to exceed 90 days upon consent of the public agency and the applicant. V. INITIAL STUDY (Defined in Section 15365) A. Determination Whether EIR or Negative Declaration Must be Prepared. In the event the discretionary project is not exempt, the Development Services Department shall determine whether an EIR or a Negative Declaration must be prepared. To make such determination an Initial Study shall be prepared pursuant to Sections 15063--15065. Such preparation is not necessary if the Department determines that the project will clearly have a significant effect on the environment. B. Environmental Information Form. In all cases, the applicant shall prepare fully, and submit, the Environmental Information Form (Appendix H in the State CEQA Guidelines) to the Development Services Department, such forms to be furnished by the City. Upon receipt of the said form fully prepared by the applicant and accompanied by the appropriate fee for private property, the Department shall examine its contents and consult with the applicant as to the completeness, accuracy and objectivity of the information contained in such form, and shall attach to such form a sheet containing any further information, corrections or revisions, to the end that information concerning the project shall be complete, accurate and objective. C. Environmental Checklist Form. Upon completion of the Environmental information Form in accordance with sub- paragraph B, the Development Services Department shall fully prepare the Environmental Checklist Form (Appendix I in the State CEQA Guidelines), taking full cognizance of the examples of consequences which may be deemed to be a significant effect on the environment as contained in Appendix G of the State EIR Guidelines, the mandatory findings of significance set out in Section 15065 and the considerations stated in Section 15064 and the definition of "significant effect on the environment" stated in Section 15382. Delay and paperwork may be reduced if the Initial Study is used to identify significant environmental issues and to narrow the scope of EIRs. D. Consultation. As soon as the Development Services Department has determined that an Initial Study will be required for the project, the City shall consult informally with all responsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a negative declaration should be prepared. During or immediately after the preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid thesignificant effects identified in the initial study. E. Determinations to completion of the Initial Study, (See Section 15063(g).) be Made Upon Initial Study. Upon the Development Services Depart- ment shall make one of the following determinations: (1) That the proposed project could not have a significant effect on the environment and a Negative declaration will be prepared. (2) That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project plan or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the City that the project as revised may have a significant effect on the environment and that a Negative Declaration will be prepared. (See Sections 15063(c)(2) and 15070(b)(1). (3) That the proposed project may have a significant Impact Report is effect on the environment and an Environmental required. VI. NEGATIVE DECLARATION (Defined by Section 15371) A. Preparation of Negative Declaration. The Development Services Department shall prepare a proposed Negative Declaration for a project when either: (a) The Initial Study shows that there is no sub- stantial evidence that the project may have a significant effect on the environment, or (b) The Initial Study identified potential significant effects but revisions in the project agreed to by the applicant would avoid or mitigate the effects to a point where no significant effects would occur. (See Section ]5070(b)(1).) (For the use of a Negative Declaration, see Section 15070.) A Negative a commonly B. Contents of Negative Declaration. (Section 15071) Declaration circulated for public review shall include: (1) A brief description of the project; including used name for the project, if any. (2) The location of the project, preferably shown on a map, and the name of the project proponent. (3) A proposed finding that the project will not have a significant effect on the environment. (4) An attached copy of the Initial Study (Environ- mental Information Form and Environmental Checklist Form, completed) documenting reasons to support the finding. (5) Mitigation measures, if any, included in the project to avoid potentially significant effects. VII. PROVISIONS FOR PUBLIC REVIEW AND COMMENT ON NEGATIVE DECLARATION Adequate opportunity and time for public review and comment on the Negative Declaration shall be afforded as follows: A. Review by State Agencies. Proposed Negative Declara- tions to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814, in not less than 10 copies unless a lower number is approved for distribution to the state agencies. Such review shall apply to proposed Negative Declarations where a state agency is a responsible agency, trustee agency or otherwise has jurisdiction by law over natural resources affected by the project. Findings of No Significant Impact (FONSI) prepared pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part 1500, commencing with Section 1500.1) and Parts I and II of Office of Management and Budget Circular A-95 shall also be submitted to the State Clearinghouse. The City may also send proposed Negative Declarations to the State Clearinghouse for review where a state agency has special expertise with regard to the environmental impacts involved. The review period shall be at least as long as the period provided in the State Review System operated by the State Clearinghouse except when a shorter period is set by the State Clearinghouse. In the state review system the normal review period is 30 days for Negative Declarations. In exceptional circumstances, the State Clearinghouse may set a shorter review period when requested by the City. B. Notice to Public Declaration. of Preparation of Proposed Negative (1) Notice by mail, of the preparation of a proposed Negative Declaration shall be given to all organizations and individuals who have previously requested such notice and at least 10 days prior to adoption of the Negative shall be given Declaration. (2) proposed Negative In all cases, Notice of the preparation of a Declaration shall be provided to the public, by publication once in a newspaper of general circulation published in the city, at least 10 days prior to adoption of the Negative Declaration. The notice shall describe the project, state that it has been found that such project will not have a significant effect on the environment, state where the proposed Negative Declaration may be inspected and state the deadline for receipt of comments and the place where comments may be sent. (3) In all cases, Notice of the preparation of a proposed Negative Declaration shall be provided by posting it, at least 10 days prior to adoption of the Negative Declaration, on the Planning Director Bulletin Board. The Notice shall state the deadline for receipt of comments on the the place where comments may be sent. (4) Notwithstanding subsections (1), (2) and (3) above~ public notice of the preparation of Negative Declaration and the requirements set forth in the department shall provide a Negative Declaration, at the same time and required by law for the notice required by law public notice required Declaration. in the same manner as public notice otherwise project under consideration, e.g. public for the project shall be combined with the for the preparation of the proposed Negative 10. (5) Comments received during the consultation and review period on t~e proposed Negative Declaration which raise significant environmental points as to the project shall receive adequate response by the Department before forwarding to the decision-maker. The department is not foreclosed from causing an EIR to be prepared at any time. (6) All comments which have been received and the responses thereto shall be forwarded to the decision-maker with the proposed Negative Declaration together with the Initial Study (the completed Information and Checklist Form) documenting reasons to support the finding, for its evaluation, decision on the Negative Declaration prior project. (7) Prior to approving making body of the City shall consider Declaration together with any comments consideration and to approval of the the project, the decision- the proposed Negative received during the public review process. The decision-making body shall approve the Negative Declaration if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. The decision-making body or official may also modify or reject the proposed Negative Declaration, and require the Department to cause an EIR to be prepared. VIII. NOTICE OF DETERMINATION (Defined in Section 15373) See also Section 15075. A copy of this Notice appears in Appendix of the State CEQA Guidelines. A. Filing After Approval of Project for Which Negative Declaration Was Prepared. After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the Development Services Department shall file with the Kern County Clerk a Notice of Determination in the form set forth in Appendix D, together with a copy of the Negative Declaration attached. D B. Contents of Notice of Determination. The Notice of Determination shall include: (1) An identification of the project including its common name where possible and its location. (2) A brief description of the project. (3) The date on which the City approved the project. after the effect on the an EIR. (4) The determination of the City that the project will not have a significant effect on the environment. (5) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA. (6) The address where a copy of the Negative Declaration may be examined. C. Where Project Requires State Approval. If the project requires discretionary approval from a state agency, the Notice of Determination also shall be filed with the Secretary of Resources, Room 1311, 1416 Ninth Street, Sacramento, CA 95814. D. Filing Starts Statute of Limitations. The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. IX. DECISION TO PREPARE EIR -- EIR PROCESS For a definition of "environmental impact report" see Section 15362, for the process of using an EIR, see Sections 15080--15096; for required EIR content and approaches to writing EIRs, see Sections 15120--15168. (1 If the Development Services Department finds Initial Study that the project may have a significant environment, it must prepare or cause to be prepared (2) An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. 12. (3) An EIR should be prepared when there is a serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR. (4) An EIR should be prepared when the Development Services Department determines to do so upon receipt of comments during the consultation and review process for a Negative Declaration raising significant environmental points as to the project and when the decision-making body or official rejects the Negative Declaration. THE EIR PROCESS The following steps shall be followed after it is determined that an EIR shall be prepared: A. Early Consultation--Prior to Completing Draft. (1) Before completing a draft EIR consisting of the information specified in Sections 15124, 15125, and 15126 (as modified by Section 15127 where applicable) the appropriate City representatives shall consult with all responsible agencies pursuant to Section 15063(g). In addition, if it has not already done so, the City should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. (2) For projects where federal involvement might require preparation of a federal EIS, the City should consult with the appropriate federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow, or the EIR should be prepared pursuant to Section 15221. Preparation of a separate EIR and EIS for the same project should be avoided if possible. 13. B. Notice of Preparation. Immediately after deciding that an EIR is required for a project, the City shall send to each Responsible Agency and Trustee Agency, a Notice of Preparation, (Appendix J) stating that an EIR will be prepared. This Notice shall also be sent to every federal agency involved in approving or funding the project and to each Trustee Agency responsible for natural resources affected by the project. The Notice of Preparation shall provide the Responsible Agencies with sufficient information describing the project and the environmental effects to enable the Responsible Agencies to make a meaningful response. At a minimum, the information shall include: (1) Description of the project; (2) Location of the project indicated on an attached map (preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle name, or by a street address in an urbanized area); and (3) Probable environmental effects of the project. The City may begin work on the Draft EIR immediately without awaiting responses to the Notice of Preparation. To send copies of the Notice of Preparation, the City shall use either certified mail or any other method of transmittal which provides it with a record that the Notice was received. When one or more state agencies will be a Responsible Agency, the City shall send a Notice of Preparation to each state Responsible Agency and each Trustee Agency with a copy to the State Clearinghouse. When it is submitted to the State Clearing- house, the state identification number will be the identification number for all subsequent environmental documents on the project. The identification number should be referenced on all subsequent correspondence regarding the project, specifically on the title page of the draft EIR and final EIR and on the Notice of Determination. 14. be prepared environment. effect, the City upon approving whether there are feasible ways adverse environmental effects. C. Significant Effect on the Environment. A significant effect on the environment is defined as a substantial, or potentially substantial, adverse change in the physical conditions which exist in the area affected by the proposed project. An EIR must when a project may have a significant effect on the Further, when an EIR identifies a significant the project must make findings on available to avoid or reduce the consultation with the form shown in be filed with the Notice of Completion. (Defined by Section 15372) (1) As soon as the Draft EIR is completed, (after responsible agencies) a Notice of Completion in Appendix C of the State CEQA Guidelines, must Secretary for Resources. (2) Where the EIR will be reviewed through the State review process handled by the State Clearinghouse, the cover form required will serve as the Notice of Completion, and no Notice of Completion need be sent to the Resources Agency. E. Public Review -- Prior to Public Hearings. (1) After completing a Draft EIR, the appropriate city representatives shall consult with and obtain comments from public agencies having jurisdiction by law with respect to the project and should consult with persons having special expertise with respect to any environmental impact involved. (2) Copies of the Draft EIR may be sent to Kern COG for distribution to appropriate agencies together with a notice of the time and place of public hearing. Otherwise, the City shall send copies of the Draft EIR directly to each affected local agency with appropriate public hearing notice. (3) At least one copy of the Draft EIR shall be sent to both the main Public Library and the Law Library. 15. (4) The Notice of Completion or other Notice shall be posted on the Planning Department Bulletin Board, together with Notice of the time and place of the public hearing on the Draft EIR and information where copies are available for review. (5) Copies of the Draft EIR shall be made available for acquisition by members of the general public. Any person requesting a copy shall be charged with actual cost of reproducing it. F. are submitted Notice of Time for Review. for review, Completion, the At the time copies of the Draft EIR on or about the time of the filing of the Development Services Department shall establish a time period so as to permit adequate review of and comment on the Draft EIR by public agencies, organizations or persons prior to the public hearing. Such period of time shall be based upon the size and scope of the proposed project; such review period shall not be less than 30 days nor longer than 90 days from the filing of the Notice of Completion, except in unusual situations. The review period for draft EIRs for which a state agency is a responsible agency shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. G. Public Hearing on Draft EIR. All draft EIRs shall be considered at a public hearing before the Planning Commission of the City of Bakersfield. The following procedure shall apply: (1) The public hearing shall be held and conducted not earlier than 30 nor later than 90 days from the filing of the Notice of Completion, except in unusual cases. (2) Notice of the time and place of such public hearing shall be given by publishing notice thereof in a newspaper of general circulation published in the City at least 15 days prior to the date of the hearing and posting such notice during such period on the bulletin board of the Planning Department. The public notice may be provided at the same time and in the same manner as public notice otherwise required by law for the project. 16. (3) Such notice shall describe the project as to nature, purpose and location, and shall invite the public to attend the hearing and comment on the Draft EIR. (4) At the hearing, the focus of the review shall be on the objectivity and adequacy of the Draft EIR in discussing possible impacts upon the environment, ways in which adverse effects might be minimized, and alternatives to the project in light of the intent of CEQA, to provide decision makers with useful information about such factors. H. Response to Comments. It is the responsibility of the Development Services Department to respond in writing to all significant environmental points raised in the review, consultation and public hearing process. Such response may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. Where the response to comments makes important changes in the information contained in the text of the Draft EIR, the City should either: (1) revise the text in the body of the EIR, or (2) include marginal notes showing that the information is revised in the response to comments. In particular, the major environmental issues raised when the City's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual evidence will not suffice. (See Section 15088.) XI. PREPARATION OF FINAL EIR A. Contents of Final EIR. Environmental Impact Reports must contain the information outlined in Article 9 (commencing with Section 15120) of the State CEQA Guidelines, and shall contain a brief summary of the proposed action and its consequences in language sufficiently simple that the issues can be understood by the average member of the lay public. The EIR shall also contain 17. a table of contents or an index. The summary shall stress the major conclusions, areas of controversy (including issues raised by agencies and the public) and the issues to be resolved (includ- ing the choice among alternatives and how to mitigate the significant effects). The summary should normally not exceed 15 pages. The final EIR shall consist of: (1) The Draft EIR or a revision of the draft. (2) Comments and recommendations received on the Draft EIR either verbatim or in summary. (3) A list of persons, organizations, and public agencies commenting on the Draft EIR. (4) The responses of the City of significant environmental points raised in the consultation and review process. (5) Any other information added by the City. B. Action by Planning Commission on Final EIR. When the Final EIR has been completed by the Development Services Department, it shall be placed on an agenda of a regular meeting of the Planning Commission for evaluation and consideration by said Commission. (1 whether or not to been completed in The Planning Commission shall determine recommend certification that the Final EIR has compliance with CEQA, the State CEQA Guidelines and these regulations. Where the Planning Commission is the decision-making body, it shall so certify the Final EIR as so completed and that it has reviewed and considered the information contained in the Final EIR prior to the approval of the project. (2) When the Planning Commission is the decision- making body, it shall not approve or carry out a project for which a Final EIR has been completed which identifies one or more significant effects of the project unless it makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding. 18. (a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (c) Specific economic, social, or other considerations make infeasible the mitigating measures or project alternatives identified in the Final EIR. (3) The findings required by subsection (2) above shall be supported by substantial evidence in the record. (4) The finding in subsection (2) (b) above shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. C. Certification of Final EIR. (1) The Final EIR shall be presented to the decision-making body of the City. That body (City Council, Board of Zoning Adjustment or other official or body), shall certify that the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines and these regulations and that such body or official having final approval authority over the project has reviewed, evaluated and considered the information contained in the Final EIR prior to approval of the project. (2) The decision-making body shall not approve or carry out a project for which a Final EIR has been completed which identifies one or more significant effects of the project unless it makes one or more of the written findings for each of those significant effects, as set forth in subsection B above, accompanied by a statement of the facts supporting each finding. 19. XII. NOTICE OF DETERMINATION -- AFTER EIR (See Section 15094) A. Filing of Notice of Determination. After approving a project for which an EIR has been prepared, the Development Services Department shall file a Notice of Determination with the Kern County Clerk in the form set forth in Appendix D. If the project requires discretionary approval from a state agency, the Notice shall also be filed with the Secretary for Resources. Such Notice shall include: (1) An identification of the project including its common name where possible and its location. (2) A brief description of the project. (3) The date when the City approved the project. (4) The determination of the City whether the project in its approved form will have a significant effect on the environment. (5) certified pursuant (6) condition of xI. B. (2). A statement that an EIR was prepared and to the provisions of CEQA. Whether mitigation measures were made a the approval of the project. (7) Whether findings were made pursuant to Section (8) tions was adopted for the project. (9) The address where a copy of the EIR and record of project approval may be examined. B. Filing Starts Statute of Limitations Period. filing of the Notice of Determination starts a 30-day limitations on court challenges to the approval under Whether a Statement of Overriding Considera- the The statute of CEQA. 20. XI±i. APPENDICES A. Appendix A is B. Appendix B is Departments. C. Appendix C is D. Appendix D is E. Appendix E is F. Appendix F is G. the Flow Chart. the Statutory Authority of State the Notice of Completion. the Notice of Determination. the Notice of Exemption. the Energy Conservation Document. Appendices G are the examples of significant effects. H. Appendix H is I. Appendix I is J. Appendix J is K. Appendix K is the Environmental Information Form. the Environmental Checklist Form. the Notice of Preparation. the Archaeological Impact Document. XIV. TIME LIMITS -- EIRs A. For projects described in 21065 of the Public Resources Code, e.g. issuance to a person of a lease, permit, other entitlement for use, by City, the for performing the functions described in apply. 1. With a private project, AND NEGATIVE DECLARATIONS subdivision (c) of Section activities involving the license, certificate, or following time periods the paragraph shall the City shall complete and certify the final EIR in not more than one year from the date on which an application requesting approval for the project is received and accepted as complete by the City. 2. With a private project, the City shall complete a proposed Negative Declaration in not more than 105 days from the date on which an application requesting approval for the project is received and accepted. Completion shall include the Initial Study, public review, and the preparation of a document ready for approval by the decision-making body. Completion need not include the approval of the Negative Declaration by the decision-making body. Prior to approving a project, the decision- making body shall consider and approve the Negative Declaration. 21. 3. Within 45 days after accepting an application as complete, the City shall make an initial determination of whether the project will need an EIR or a Negative Declaration. 4. The City shall convene a meeting with one or more responsible agencies to discuss the scope and content of a proposed EIR as soon as possible but not later than 30 days after the meeting is requested as provided by Section 15104. 5. As soon as possible after receiving a Notice of Preparation and in no event more than 45 days after receiving the notice, a responsible agency shall inform the City as Lead Agency of the scope and content of the environmental information that the responsible agency would need in the EIR. B. In the event that compelling circumstances justify additional time and the project applicant consents, reasonable extension of the time periods may be made. C. At the request of applicant, the City may waive the one-year time period for completing and certifying a final EIR or the 105-day period for certifying a Negative Declaration if the following conditions occur: (a) The project will be subject to CEQA and to the National Environmental Policy Act (NEPA); (b) Additional time will be required to prepare a combined EIR-EIS or a combined Negative Declaration finding of no significant impact as provided in Section 15222; and (c) The time required to prepare the combined document will be shorter than documents separately. the time required to prepare the XV. FEES A. Preliminary Environmental Assessment -- Prior to Initial Study. There shall be no fee for a preliminary environ- mental assessment prior to the Initial Study as set forth in Paragraph IV. 22. B. Initial Study. The fee for environmental assessment where it has been determined that the activity is not exempt under CEQA, e.g. the Initial Study and preparation of Negative Declaration, shall be included in the discretionary permit application fee. C. Environmental Impact Report. The fee for the review and coordination of an Environmental Impact report for a project sponsored entirely by a person other than the City shall be included in the discretionary permit application fee (or $595) and shall be paid at the time it is determined that an EIR will be required. Such fee does not include the cost of preparation of an EIR by a consultant and such additional cost shall be paid to the City upon demand by the Planning Director. D. Excess Cost. Where the estimated cost to the City to be incurred in preparing the tion or the EIR is in excess of B and C above, a reasonable iee Initial Study and Negative Declara- the minimum fees estaDlished under may be charged and collected from such sponsor, in order to recover the estimated costs, which fees must be paid within a reasonable time after notification by the Development Services Department. If any dispute arises over the amount of such fees, the City Council shall determine the amount of such fee, which decision is final. E. Copies to Public. The City shall charge and collect a fee from members of the public the actual cost of reproducing a copy of the Negative Declaration or EIR requested by the member of the public. 23. § 15203 (p 32244) RESOUR(;ES ACENCY TITLE 14 APPENDIX A CEQA PROCESS FLOW CHART RESOU~(~ES AGENCY § 15203 (p 32245) APPENDIX B AREAS OF SP~C~A L EXPERTISE OF STATE DEPARTMENTS iN SUBJECTS OF ENVIRONMENTAL CONCERN RESOURCES At ;ENCY TITLE 14 TITLE 14 R ESOI.]RCE'g AGENCY API'ENI)IX B t:00TNOTES 5203 323) 15203 p 324) App~.ndix C NOTICE OF COMPLETION State of California The Resources Agency SECRETARY F'OR RESOURCES 1416 Ninth Street, Room 1311 Sacramento. California 9,5814 TITLE 14 l~ad Agency Di, ision Address Wh,~re Copy of EIR is Available Review Period Contact Person Area Code Phone Exlension HISTORY I Amendment of Appendix C filed 12-14-7(1 as an emergency; effective upon filing (;ertificate of Compliance included (Register 7& No 50) A NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT TRANSMITTAL FORM MAY BE SUBSTITUTED FOR APPENDIX C. APPENDIX D NOTICE OF DETERMINATION TO: Secretary for Resources 1416 Ninth Street, Rm 13[[1 Sacramento, CA 95814 FROM: (Lead Agency) County Clerk County of SUBJECT: Filing of Notice of Determination in compliance with sec. 21108 or 21152 of the Public Resources Code. Project Title (Identifying Project Including Common Name) State Clearinghouse Number (if submitted to State Clearinghouse) Contact Person Tel. No. Project Location Project Description Date when City approved the project: This is to advise that the (Lead Agency) has approved the above-described project and has made the following determination regarding the above-described project: 1. The project in its approved form will will not have a significant effect on the environment. An Environmental Impact Report was prepared for this -- project pursuant to the provisions of CEQA. A Negative Declaration was --- pursuant to the provisions Declaration is attached. prepared for this project of CEQA. A copy of the Negative 3. Mitigation Measures project. were made conditions of approval of the Mitigation Measures the project. were not made conditions of approval of 4. A Statement of Overriding Considerations was adopted for this project. was not adopted for this project. 5. Address where a copy of the EIR and record of project approval may be examined. Reference: Cal,Adm. C. Title 14, Sections 15373 and 15094. APPENDIX E NOTICE OF EXEMPTION TO: Secretary for Resources FROM: 1416 Ninth Street, Room 1311 Sacramento, CA 95814 County Clerk County of Project Title Project Location--Specific Project Location--City Project Location--County Description of Nature, Purpose, and Beneficiaries of Project Name of Public Agency Approving Project Name of Person or Agency Carrying Out Project Exempt Status: (Check One) Ministerial (Sec. 15268) Declared Emergency (Sec. 15269(a)) -- Emergency Project (Sec. 15269(D) and (c)) --Categorical Exemption. State type and section number: Reasons why project is exempt: Contact Person Area Code Telephone Extension If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received for Filing: Signature Title NOTE: Authority cited: Sections Code. Reference: Section 21108, Code and Chap. 56, Stats. 1974. 21083 and 21038, Public Resources 21152, 21167, Public Resources HISTORY: 1. New Appendix E filed 3/26/74 as an emergency; effective upon filing (Register 74, No. 13). 2. Certificate of Compliance filed 6/26/74 (Register 74, No. 26) 3. Amendment filed 1/3/75; designated effective 4/1/75 (Register 75, No. 1). TITLE 14 RESOURCES AGENCY § 15203 [aegi=ter 180, NO. 1~1~5-1(~E0} kp 3243) Appendix F ENERGY CONSERVATION I Introduction The goal of conserving energy implies the wise and efficient use of energy The means of achieving this goal include: (1) decreasing overall per capita energy consumption, (2) decreasing reliance on natural gas and oil, and (~,) increasing reliance on renewable energy sources In order to assure that energy implications are considered in project deci- sion.s the California Environmental Quality Act requires that EIPa include a discussion uf the potential energy impacts of proposed prujects, with particular emphasis on avoiding or reducing inefficient, wastefu] and unnecessary con- sumption of energy Energy conservation implies that a project's cost effectivene~ be reviewed not onl; in dollars, but also in terms of energy requirements. For many' projects, lifctim~' costs may' be determined more b} energy efficiency than by initial dollar costs. fl. EIB Contents Potentially significant enersy implications of a project should be considered m an ELF,. The following list otenergy impact possibilities and potential conser- vation measures is designed to assist in the preparation of an EIR In many instances specific items may not apply or additional items may be needed A. Project Description may include the following items: I Energy consumin e uipment and roeesses which will be used during construction, operation a~/or removal o~ the project. If appropriate, this dis- cussion should consider the energy intensiveness of materials and equipment required for the project 2 Total energy requirements of the project by fuel type and end use 3 Energy conservation equipment and desil~n features. 4 Initial'and life-cycle energy costs or supplies. 5 Total estimated daily trips to be generatedhy the project and the addition- al energy consumed per trip by mode B Environmental .getting may include existing energy supplies and energy use r~atierns in the region and locality C' Environmental Impacts may int31ude. I The projeet's energy requirements and its energy use efficiencies by amour, t and fuel type for each stage of the projeet's life cycle including con- struction operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed § 1.5203 IH:5t~UB,.:ES 4( ldNC'~ TITLE 14 rpcluirelnents b,r additional Tht' c{[('('[~ o{ [hc proiecl on peak aim I~ase period demam{~ tnr e]ectridtv -I The degree. to which lhe proj~,ct ctmtp]ies with existina cne,gv standard~ .5 The t4tt'cts o{ the pro ect on cilergx resources ' , ~5 T}a' p~,~je~'s )rojected transt~rtation energy use requirements and ~ ~eral} use ~ eiJicicut trans~rtation a b.rnatives ]) MiU<at.q, Measures ma5 I }'oientia] measures to re~uct' x~astefu]. im'fficienl and tm~ecessarv con mt},' l>r~*)'ct .red whx other measures were dismissed 2 T}Lc I}otelitial ~)f ~iting, ori,mtation, anti desi<It to tlIIT':]IILiZ/' era'r<5 sum Trion. including translx~rtation energ~ :5 T]~c ~{]tential'{ot reducing peak crier? dt'ma[~d 4 51ternate finds (particularly renewable ones~ or em'r~,' 5 }'),'Tex c~msersration wlm'[{ ctm]d rcs~dt frmn recscling efforts K kl',*,rlmt/x cs should ~ compared in terms r~{ ,,scr'511 um'rg5 consumptk,i~ and in terms o[ rpducing wasteltd ineffk'icnt and umleccssar5 constlmption t,lterg) F ['navoidable Adverse Effects ma} inchMe wasteful, mefhcient and un- [H'i t-is3Fg collSilIil )tion of ener~x during th,' projecl construction, operation, mainh,n]mcc amlor removal th'~t cannot be h-asihix mitigaied C Irr~-v,'rsible Commitmenl o{ Resourtes ma)include a dist,usskm of lhp ]mm,ci [)rpelilpls {littire energy dew']ol)melll or future em,rg> conserva- }t 5t~rt l'e~Tn (;ait~s v{,rs~ls [,,}B~'l'em~ m~pacts Call bp c~,mparcd b~ c'al- cu[a'inh the em'Tg5 cosis over the [ifetimc o~ thc project [ /;ft.x~th h~ducing Effects may include the estimated cne'rg~ c,nsumpti~m APPENDIX G SIGNIFICANT EFFECTS A project will normally have a significant effect on the environment if it will: (a) ,Conflict with adopted environmental plans and goals of the community where it is located; (b) Have a substantial, demonstrable negative aesthetic effect; (c) Substantially affect a rare or endangered species of animal or plant or the habitat of the species; (d) Interfere substantially with the movement of any resident or migratory fish or wildlife species; (e) Breach published national, state, or local standards relating to solid waste or litter control; (f) Substantially degrade water quality; (g) Contaminate a public water supply; (h) Substantially degrade or deplete ground water resources; years old, part (k) population; (1) in relation to street system; (m) (n) (i) Interfere substantially with ground water recharge; (j) Disrupt or alter archaeological site over 200 an historic site or a paleontological site except as of a scientific study of the site; Induce substantial growth or concentration of Cause an increase in traffic which is substantial the existing traffic load and capacity of the Displace a large number of people; Encourage activities which result in large amounts of fuel or energy; (o) Use fuel or energy in a wasteful manner; (p) Increase substantially the ambient noise for adjoining areas; the use of levels hazards; (q) Cause substantial flooding, erosion or siltation; (r) Expose people or structures to major geologic (s) new development; (t) Substantially diminish or plants; (u) established community; (v) health hazard; (w) Extend a sewer trunk line with capacity to serve habitat for fish, wildlife Disrupt or divide the physical arrangement of an Interfere with emergency response plans or emergency evacuation plans. (y) use or impair land. (z) Conflict with established recreational, educational, religious or scientific uses of the area; (x) Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. Convert prime agricultural land to non-agricultural the agricultural production of prime agricultural Create a public health hazard or potential public APPENDIX H Date Filed Environmental Information Form (To be completed by applicant) GENERAL INFORMATION: 1. Name and address of developer or project sponsor: 2. Address of project: Assessor's Block and Lot Number 3. Name, address, and telephone number of person concerning this project: to be contacted 4. Indicate number of the permit application for the project to which this form pertains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed: PROJECT DESCRIPTION 8. Site size. 9. Square footage of improvements. 10. Number of floors of construction. 11. Amount of off-street parking provided. 12. Attach plans. 13. Proposed scheduling. 14. Associated projects. 15. Anticipated incremental development. 16. If residential, include the number of sizes, range of sale prices or rents, expected. units, schedule of unit and type of household size 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 18. If industrial, indicate type, estimated employment per shift and loading facilities. 19. If institutional, indicate the major function, estimated employ- ment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 22. Change in scenic views or vista from existing residential areas or public lands or roads. 23. Change in pattern, scale or character of general area of project. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes or odors in vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 27. Substantial change in existing noise or vibration levels in the vicinity. 28. Site on filled land or on slope of 10 percent or more. 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 32. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, depart- ment stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. DATE (Signature) (For) APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) BACKGROUND 1. Name of proponent: 2. Address and phone number of proponent: Date of checklist submitted: Agency requiring checklist: Name of proposal, if applicable: II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compaction or overcovering of the soil? Change in topography or ground surface relief features? The destruction, covering or modification of any unique geologic or physical features? ee Any increase in wind or water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? o Air. a. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? YES MAYBE NO o Water. Will the proposal result in: Changes in currents, or the course or direction of water movements, in either marine or fresh waters? Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water qualify, including but not limited to temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare or endangered species of plants? do Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? Reduction in acreage of any agricultural crop? YES MAYBE NO Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Introduction of new species of animals into an area, or result a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Increase in the rate of use of any natural resources? Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emergency response plan or an emergency evacuation plan? YES MAYBE NO 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? YES MAYBE NO 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: so Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to YES MAYBE NO 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a :fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definite period of time while long-term impacts will endure well into the future.) Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) do Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION IV. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no signifi- cant effects would occur, and there is no substantial evidence before the city that the project as revised may have a significant effect on the environment and that a NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. DATE (Signature) For NOTE: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference Sections 21000-21176, Public Resources Code. HISTORY: New Appendix I filed 10/8/76; effective thirtieth day thereafter (Register 76, No. 41). NOTE: Order designated that compliance with this appendix is authorized but not mandatory before 1/1/77. 2. Amendment filed 2/2/78; effective thirtieth day thereafter (Register 78, No. 5). 3. Amendment of Section II filed 5/8/80; effective thirtieth day thereafter (Register 80, No. 19). 4. Amendment of Section IV effective 8/1/83. APPENDIX J NOTICE OF PREPARATION TO: FROM: (Responsible Agency) (Address) (Lead Agency) (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the probable environmental effects are contained in the attached materials. A copy of the Initial Study is, is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. Please send your response to shown above. We will need the name agency. at the address for a contact person in your Project Title: Project Applicant, if any: Date Signature Title Telephone Reference: 15082(a) HISTORY: 1. California Administrative Code, Title 14, Section and (b). New Appendix J filed 2-2-78; effective thirtieth day thereafter (Register 78, No. 5). A NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT TRANSMITTAL FORM MAY BE SUBSTITUTED FOR APPENDIX J. CONTINU/~ TION SHEEl FOR FILING ADMINISTRATIVE REGU~. ION.~ WITH THE SECRETARY OF STATE NOTE: Authority cited: Sections 21083 and ~10~7, P~biic Resources Code; Reference: Sections 21080.7 and 21083, and 21084, Public Resources Code. Formerly Section 15043. 34. Appendix K is added to read: _A~o~ n d___~ x_~ Arc h aeo 1 o~ i__c_a.! I~. CEQA applies to effect~ on historic and_~_rehistoric archaeological resources. II. Public agencies should seek to avoid damaging effects on an archaeol~§ical resource whenever feasible. If avoidance is not feasible, the importance of the site shall be evaluated using the criteria outlined in Section III. A. In-situ preservation of a site is the preferred manner of avoiding damage to archaeological resources. Preserving the site is more important than preserving the artifacts alone because the relationship of the artifacts to each other in the site provides valuable information that can be lost when the artifacts are removed. Further, preserving the site keeps it available for more sophisticated future research methods. Preservation may also avoid conflict with religious or cultural values of groups associated ~ith the site. including: ~voidin__9__~_a~gAe_m__ay be accomplished by many approaches, 1. Planning construction to miss archaeological sites; 2. Planning parks, greenspace, or other open space to incorporate archaeological sites; 3. "Capping" or covering archeological sites with a layer of soil before buil~in§ tennis courts, parking lots, or similar facilities. Capping may be used where: The soils to be covered will not suffer serious comp acti on; b. The covering materials are not chemically active; c. The site is one in which the natural processes of deterioration have beech effectively arrested; and d. The site has been recorded. 4. DeedinQ archaeolo~?:~]_.~ites into permanent conservation easements. 120 CONTINUA T~ON SHEET FOR FILING ADMINISTRATIVE REGULATION.~ WITH THE SECRETARY OF STATE IIl. If the lead agency determines that a project may affect an archaeological resource, the agency shall determine whether the effect may be a significant effect on the environment. If the project may cause damage to an important archaeological resource, the project may have a significant effect on the environment. For the purposes of CEQA, an "important archaeological resource" is one which: A. Is associated with an event or person of: 1. Recognized significance in California or American history or 2. Recognized scientific importance in prehistory. B. Can provide information which is both of demonstrable public interest an--d-useful in addressing scientifically consequential and reasonable archaeological research questions, C. Has a special or particular quality such as oldest, best example~ largest, or last surviving example of its kind, D. Is at least J~O years old and possesses substantial stratigraphic integrity, or has shown E. Involves important research questions that historical research ca---n be answered only with archaeological methods. IV. resource, study or If an archaeological resource is not an important archaeological both the resource and the effect on it shall be noted in the initial EIR but need not be considered further in the CEQA process. V. If avoidance of the important archaeological resource is not feasi~Te, the lead agency should include an excavation plan for mitigating the effect of the project on the qualities which make the resource important under Section III. A. If an excavation plan is prepared, it shall: 1. Be a brief sunmary of the excavation proposed as part of a mitigation plan; 2. Be available for review only on a need-to-know basis; 3. Not include the specific location of any archaeological resources if the---plan will be made known to the general public. B. An excavation plan may: 1. List and briefly discuss the important information the archaeological re---sources contain or are likely to contain; 121 CONTINUATION SHEET FILIH~ A~MIHISTRATtYE RE~-ULATION$ WITH THE $EORETARY OF STATE (Purmuant Io Government Code Section )~380.1) 2. Explain how the information should be recovered to be useful in addressing scientifically valid research questions and other concerns identified in subdivision (a); 3. Explain the methods of analysis and, if feasible, display of excavated materials; 4__~. Provide for final report preparation and distribution; and, 5. Explain the estimated cost of and time required to complete all actl'--~vities undertaken under the plan. C. The lead agency may require a mitigation plan to be carried out as a condition of approval of the project. VI. A public agency following federal clearance process under the National Historic Preservation Act or the National Environmental Policy Act may use the documentation prepared under the federal guidelines in the place of documentation called for in this appendix. VII LIMITATIONS ON MITIGATION. Special rules apply to mitigating si§ni~ant effects on important archaeological resources. A. If it is not feasible to revise the project to.avoid an important ~chaeologtcal resource, the lead agency shall require the project applicant to guarantee to pay one half of the cost of mitigating the significant effect of the project on important archaeological resources. 1. In determining the payment to be required from the applicant1 the i~.ad agency shall.consider the !n-kind value of project design or expenditures ~ntended to permit any or all ~m~ortant archaeological resources or California Native Anertcan culturally significant sites to be undisturbed or preserved in place. a. Consideration of in-kind values does not require a dollar for dollar set---off against the payment by the project applicant. b. In deciding on an appropriate set-off, the lead agency shall conside~uch factors as whether the project design or expenditures would provide other benefits to the applicant and whether the design or expenditures required special changes in the project plans. 2. When it decides to carry out or approve the project, the lead agency shal-T, if necessary, reduce the mitigation measures specified in the EIR to those which can be funded with: a. The money guaranteed by the project applicant, and b. Money voluntarily guaranteed by any other person or persons for the mitigation. 122 CONTINUATION SHEET FOR FILING ADMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE 3. In order to allow time for interested persons to provide a voluntary fundin-g-guarantee, the lead agency shall not decide to carry out or approve a project having a significant effect on important archaeological resources until 60 days after completing the final EIR on the project. 4. In no event shall the lead agency require the applicant to pay more for mi(Tgation within the site of the project than the following amounts: a. One half of one percent of the projected cost of the project~ if the projec~t is a commercial or industrial project. b. ~ree fourths of one percent of the projected cost of the project for a housing project consisting of one unit. c~. If a housing project consists of more than one unit, three fourths of one percent of the projected cost of the first unit plus the sum of the following: (_~_ $200 per unit for any of the next 99 units, ~i_~. $150 per unit for any of the next 400 units, (iii) $100 per unit for units in excess of 500. B. Unless special or unusual circumstances warrant an exception, the field excavation phase of an approved mitigation plan shall be completed within 90 days after the applicant receives the final approval necessary to begin physical development of the project. 1. With a phased project, the mitigation measures shall be completed within90 days after approval is granted for the phased portion to which the specific mitigation measures apply. 2. llqe project applicant can elect to extend the time limits for completing th---e field excavation phase of the approved mitigation plan. 3. Amitigation plan shall not authorize violation of any law protecting ~merican Indian cemeter].e~s~_ C. Excavation as part of a mitigation plan shall be restricted to those parts--of an important archaeological resource that would be damaged or destroyed by the project unless.special circumstances require l!mited excavation of an immediately ad2acent area ~n order to develop ~mportant information about the part of the resource that would be destroyed. D. Excavation as mitigation shall not be required for an important archaeologic~al resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically Eonsequential information from and about the resource, provided that the 2etermination ~s documented ~n the EIR. 123 CONTIHUAllON SHEET FOR FILINI~ AOMINISTRATIVE REIJULATIO#S WITH THE $EORETAR¥ OF STATE (PulJuant *o Government Code Section ! 1380. I) uJ O Z O E__~. The limitations on mii:igation shall not apply to: 1. A public project if the lead agency decides to comply with other provisions of CEQAthat apply to mitigation of significant effects, and 2. A private project if the applicant and the lead agency jointly elect to comply with other provisions of CEQA that apply to mitigation of significant effects. F. The time and cost limitations described in this section do not apply to sur---veys and site evaluation activities intended to determine whether the projec~ location contains archaeological ~esources, and if so, whether the archaeological resources are important as defined in this appendix. VIII. Discovery of Human Remains. A. In the event of discovery or recognition of any human remains in any loca-~ion other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 1. The coroner of the county in which the remains are discovered has ~en informed and has determ(ned that no investigation of the cause of death is required, and 2. If the remains are of Native American origin, a. Tiqe descendants from the deceased Native Americans have made a recommen~tion to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate diqnity, the human remains and an~ associated grave goods as provided in Public Resources Code Section 5097.98, or b. The Native American Heritage Cor~nission was unable to identify a descendant--or the descendant failed to make a recon~endation within 24 hours after being notified by the commission. B. Where the following conditions occur, the landowner or his authorized r--epresentative shall re(nter the Native A~erican human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. 1. The Native American Heritage Commission is unable to identify a descendant; 2. The descendant identified fails to make a recommendation; or 3. The landowner or his authorized representative rejects the rec?mnendation ~ the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 124 CONTINUATION SHEET FOR FILING ADMINISTRATIVE REDULA*i WITH THE SEORETARY OF STATE C. If the human remains are discovered before the lead agency has finished th-~CEQA process, th~'agency shall work with the Native ~nerican Heritage Con~nission and the applicant to develop an agreement for treating or disposing, with appropriate dignity, of the human remains and any associated grave goods. Action implementing such an agreement is exempt.from: 1. The general prg~_ibition on disinterring, disturbing, or removinq human remains from any location other than a dedicated cemetery (Health and Safety Code Section 7050.5). .2.:. !~h_e._r~uirements of CE(~A__and the Coastal Act. IX. A~of the objectives, cr!teria~ and procedures required by Section 2108~ or as part of conditions imposed for mitigation~ a lead agency should make provisions for archaeological sites accidentally discovered during construction. These provisions should include an immediate evaluation of the find. If the find is determined to be an important archaeological resource, contingenc~ funding and a time allotment sufficient to allow recoverin9 an archaeological sample or to employ one of the avoidance measures should be available. Construction work could continue on other parts of the building site while archaeological mitigation takes place. NOTE: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 7050.5, Health and Safety Code; Sections 5097.98, 21001(b) and (c), and 21083.2, Public Resources Code; Societ~ for California Archaeology v. Count~ of Butte, (1977) ~5 Cal. App. 3d 83~-.- Note on Appendices A-J No changes are proposed to Appendices A through J in the existing guidelines. Accordingly, no changes to those appendices are shown in this draft. This action would continue those appendices in effect as they are contained in the existing guidelines. 125 !. ~roJe¢: ~. Lead For Urban, Major (' 4= and 4c are optional.) ,'YPK O; DOCU!aENT ._._Oraft EtR ~Mizigated Nag ~c __..SuDplerr~t (i~ SO, ~rior SCH · ...... ~=nv. Assessment ..._Oraft . ~tno'inc NO $ig. l~act Sec. ?or ~ural, _._Office: SQ. FT. Comne. rot al :SQ.~. ~ater/Sewer: MGO FO~JS OF OISC'JSSION IN 90CUM.,rNT (Select as r.lny as neeoe~) ..._J~hS/Hot~ing Salancm Tra~fic/Clrculaticm ___Air Quality Wetlands __~ildlife ~aoitat ~_~ooding/Ora!nage __tire Hazard ....water Su~ly ....Geologic/Seismic ___Arc~eolcgical __SChools ~Coastal LAND USE AND ZONING 6¢. River Local S Privates TOTALS ~Growr. h Inducing __New Land Use ___Solid Waste SI~IFICA~fI'~ EF~.rTS. POSSIBLE MITIGATION AND ALTErnATIVES {:ot-onal) Signature of Lead Agency Reo: ~ate: R~.)OU .... : Air Resources Board Conse rvati on: Oil and Gas Mines and Geology Fish and Game Coastal Commission Caltrans District Boating & Watemqays Forestry Water Board: Water Rights Water Quality ___ Regional Board Dept. of Water Resources Reclamation Board Water Conservation Dam Safety Solid Waste Colorado River Board CTRPA (CalTRPA) TRPA (Tahoe RPA) Bay Conservation Dev. Comm. FOR SCH USE ONLY Date Rec'd at SCH Date Review Starts Date to Agencies Date to SCH SCH Clearance Date NOTES Parks & Recreatir:, Office of Historic Pres. ~Native American Heritage Conservation Corps State Lands Commission Public Utilities Comm. Energy Commission Food & Agriculture Health: Noise Control Toxics Environmental Health Industrial Relations Corrections Consumer Affairs ~Housing & Comm. Dev. General Services Real Estate Aeronautics OTHER: